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HomeMy WebLinkAboutAGENDA REPORT 2014 1203 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,CALIFO
City Council Meeting
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MOORPARK CITY COUNCIL ��' ¢ " �' 1 /41,,/
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AGENDA REPORT �® �'��
BY: ,
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jennifer Mellon, Administrative Services Manager
DATE: November 6, 2014 (CC Meeting of 12/3/14)
SUBJECT: Consider Award of Agreement to Berry General Engineering
Contractors, Inc. for Parking Lot Improvements at Various City Parks
and Facilities, Consider Award of Agreement to BTC Labs - Vertical
Five for Materials Engineering and Testing Services for Parking Lot
Improvements at Various City Parks, and Consider Resolution
Amending FY 2014/15 Budget
BACKGROUND AND DISCUSSION
The parking lots at the Civic Center, Arroyo Vista Community Park (AVCP); Country
Trail Park; Miller Park; Monte Vista Park; and Poindexter Park are in need of paving
refurbishment, repairs, and re-striping.
The work at AVCP includes re-striping of parking lot's A, B, C, & D, as well as repairing
several grading and drainage issues at the entry locations adjacent to parking lots A
and C; widening of the access road adjacent to the median island at the park entry to
improve the sidewalk connection and the entrance to parking lot A in anticipation of the
future bicycle path connection at this location. Prior to completing the work at parking lot
A, staff intends to move the parking lot lights to the existing median island locations.
The work at the four additional parks generally consists of slurry sealing, restriping, and
minor asphalt repairs. Staff included a bid option for Monte Vista Park to complete the
repave with permeable asphalt to showcase sustainable construction techniques and is
currently working on a master plan for Monte Vista Park that will include California
native plant material, seating areas and nature trails.
The City Hall/Civic Center parking lot is also in need of repaving. However, due to the
uncertainty of the timing of the future City Hall project, staff does not feel that the costs
associated with a complete repave warrants the additional costs to the City at this time.
The future City Hall project will include the redesign of the majority of the existing
parking lot area. Staff believes that repairing certain areas due to excessive water
ponding, in combination with a slurry seal, will defer future maintenance costs for
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December 3, 2014
Page 2
approximately five to seven years. At this time, work will not include the City Hall
access road or Library parking lot in anticipation of a project to construct an ADA
compliant sidewalk from Moorpark Avenue to the City Hall buildings, including the
reconfiguration of the bus stop area. It is anticipated that this project will be constructed
later this fiscal year.
On October 9, 2014, staff advertised for bids for the parking lot improvements project.
Six potential bidders attended the mandatory job walk. Two bids were received and both
were well below the initial estimated project cost of $594,051. The results are:
Berry General Engineering Contractors, Inc.
Landmark Grading & Paving Inc. dba Quality Paving
$500,993.00
$519,804.00
The low bidder is Berry General Engineering Contractors, Inc. After the City Clerk
accepted the bid proposals, all submitted bids were reviewed. All submitted bids met
the criteria and were accepted as qualified.
Staff is recommending the permeable asphalt alternative, Schedule C of the proposal,
rather than the asphalt overlay Schedule B of the proposal, due to the sustainability of
this option discussed above. The increased cost for the permeable asphalt is $4,929
over that of the standard asphalt overlay. The revised total cost of the proposal,
choosing Schedule C and removing the Schedule B option, is $485,782. Berry General
Engineering Contractors, Inc. remains low bidder.
As part of this project, there was also an identified need for engineering and testing
services plus ongoing materials inspections. Staff requested a bid for the construction
materials engineering and testing services for the City of Moorpark Parking Lot
Improvements at Various City Parks and Facilities project. A proposal was received on
November 5, 2014 from BTC Labs-Vertical Five in the amount of $15,413.
FISCAL IMPACT
Staff estimated that the parking lot repair and improvement work would cost
approximately $594,051.
The low bid for the parking lot repair and improvement work is $485,782 plus a $48,500
contingency. The cost for the engineering is $15,413 plus a $1,500 contingency. The
total amount of both Agreements, including the $50,000 contingency on the entire
project, totals $551, 195.
There is currently $267,000 budgeted in the Fiscal Year 14-15 budget for the repairs at
AVCP (CIP 7022). In addition, the City Council previously approved an appropriation of
funds for the repairs and drainage work for AVCP Parking Lot A and Parking Lot C (per
the plans as appendices to the bid) as part of the AVCP Fitness Loop Project (CIP
7852), which covers the $166, 780 cost for this portion of the project. Staff is requesting
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December 3, 2014
Page 3
the allocation of an additional $117,415 from the General Fund (1000) to complete the
work at the Civic Center, Country Trail Park, Miller Park, Monte Vista Park, and
Poindexter Park.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award the Agreement to Berry General Engineering Contractors, Inc., in the
amount of $485,782, plus a contingency of $48,500, for a total contract amount
of $534,282 and authorize the City Manager to execute the agreement subject to
final language approval by the City Manager and City Attorney.
2. Award the Agreement to BCT Labs -Vertical 5 in the amount of $15,413, plus a
contingency of $1,500, for a total contract amount of $16,913 and authorize the
City Manager to execute the agreement subject to final language approval by the
City Manager and City Attorney.
3. Adopt Resolution No. 2014---
Attachments:
1. Agreement -Berry General Engineering Contractors Inc.
2. Agreement -BTC Labs -Vertical 5
3. Resolution No. 2014---
135
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
BERRY GENERAL ENGINEERING CONTRACTORS, INC., FOR
PARKING LOT IMPROVEMENTS AT VARIOUS CITY PARKS AND FACILITIES
SPECIFICATION NO. P&R 14-02
THIS AGREEMENT, is made and effective as of this day of
_________ , 2014, between the City of Moorpark, a municipal corporation
("City") and Berry General Engineering Contractors, Inc., a Corporation ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
WHEREAS, City has the need for construction services related to parking lot
improvements at various city parks and facilities as outlined in the project specifications
and plans; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the 3rd day of
December, 2014, authorized the City Manager to enter into this Agreement after public
bidding in accordance with California Public Contract Code Section 20160, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of the work
identified in the Scope of Services and in conformance with Exhibit B, unless this
Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to parking lot improvements as, as set forth in Exhibit B: Contractor's
Bid Proposal, dated October 28, 2014, which exhibit is attached hereto and
incorporated herein by this reference as though set forth in full and hereinafter referred
to as the "Proposal" and as set forth in Exhibit C, which include (i) Standard
Specifications; (ii) Special Provisions; (iii) Workers' Compensation Insurance Certificate
(Labor Code 1860 and 1861 ); (iv) Payment and Performance Bonds; and (v) Insurance
Certificate for General Liability and Automobile Liability, attached hereto and
incorporated herein by this reference as though set forth in full. Where said Scope of
Services is modified by this Agreement, or in the event there is a conflict between the
provisions of said Scope of Services and this Agreement, the language contained in this
Agreement shall take precedence.
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Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit C.
Contractor shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit B. Compensation shall not exceed the rates or total value of four hundred
eighty-five thousand seven hundred eighty-two dollars ($485,782.00) as stated in
Exhibit B, plus a contingency of forty-eight thousand five hundred dollars ($48,500) for a
total amount of five hundred thirty-four thousand two hundred eighty-two dollars
($534,282.00) without a written amendment to the agreement executed by both parties.
Payment by City to Contractor shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply. Contractor agrees to comply with and be bound by all the terms, rules and
regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, including without limitation Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial Relations
implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor
who will perform work on this project, Contractor shall be responsible for subcontractor's
compliance with (a) and (b), and Contractor shall take all necessary actions to ensure
subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Robert Sainsbury, Vice President, and no other individual
may be substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein
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by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed four hundred eighty-five thousand seven hundred
eighty-two dollars ($485, 782.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties. The City Manager, if authorized by City Council, may approve additional work
not to exceed the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes
any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of
receipt of any disputed fees set forth on the invoice. Contractor shall provide
appropriate documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
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Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time period
required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of five
hundred dollars ($500) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made
by the City after the above specified completion date shall not constitute a waiver of
liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (1 O) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes,
and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor.
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With respect to computer files, Contractor shall make available to the City, at the
Contractor's office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
lndemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to be fully responsible according to the
terms of this Section.
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Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the lndemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the lndemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by
this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
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Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 1735].
15. UNDUEINFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms,
or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly from Contractor, or any officer, employee, or
agent of Contractor, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in
any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest as an officer, employee, agent, or subcontractor. Contractor
further covenants that Contractor has not contracted with nor is performing any services
directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
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its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Berry General Engineering Contractors, Inc.
Attention: Robert Sainsbury, Vice President
350 West Lewis Street
Ventura, California 93001
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have
the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this
Agreement.
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22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits
of this Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles, Paragraphs, Sections, and
Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
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27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit C
attached hereto and incorporated herein by this reference as though set forth in full. In
the event of conflict, the requirements of the City's Bid Package and this Agreement
shall take precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver shall be
binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK
By: ___________ _
Steven Kueny, City Manager
Attest:
Maureen Benson, City Clerk
Barry General Engineering Contractors, Inc.
BARRY GENERAL ENGINEERING
CONTRACTORS, INC.
By: ____________ _
Robert Sainsbury, Vice President
Page 10of15
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1 . Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services
Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits shall be no less than
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy form
providing statutory benefits as required by law with employers' liability limits no less
than $1,000,000 per accident for all covered losses.
Barry General Engineering Contractors, Inc. Page 11 of 15
146
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A-or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 2004.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
Barry General Engineering Contractors, Inc. Page 12of15
147
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
Barry General Engineering Contractors, Inc. Page 13 of 15
148
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
Barry General Engineering Contractors, Inc. Page 14 of 15
149
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
Barry General Engineering Contractors, Inc. Page 15of15
150
CITY OF MOORPARK
EXHIBIT B
P&R 14-02
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
FACILITIES DIVISION
PROPOSAL
FOR
PARKING LOT IMPROVEMENTS AT VARIOUS CITY PARKS AND FACILITIES
14
2014 Parking Lot Improvements
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P&R 14-02
DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES
PROPOSAL
FOR
Parking Lot Improvements at Various City Parks and Facilities
Specification No. P&R 14-02
Bids to be received on October 28, 2014 at 3:00 p.m.
Completion Time: 90 Consecutive Working Days after Receipt of Notice to Proceed
Liquidated Damages $500 per Calendar Day
CONTRACTOR
Name Berry General Engineering Contractors, Inc.
Street Address 350 w I ewjs Street
City Ventura State __,,C.._A..__ __ Zip Code ~g_30~0~1 __ _
Telephone Number _,8..,,0..,,.5_,,-6:....i.4 ... 3-...._7""56"'-'7 ________________ _
FaxNumber_~s~o~5-~6=4~3-~z4=s~2 __________________ _
Email rsainsbury@bgec.net
The bid shall be balanced so that each bid item is priced to carry its share of the cost of
the work and also its share of the contractor's overhead and profit. The City reserves
the right to delete any bid item to the extent that the bid is qualified by specific limitation.
An unbalanced bid shall be considered as grounds for rejecting the entire bid.
SUBMIT PAGES 18 THROUGH 31 FULLY EXECUTED WITH THIS PROPOSAL
LIST OF DOCUMENTS
15
2014 Parking Lot Improvements
152
TO BE SUBMITTED WITH PROPOSAL
FOR
Parking Lot Improvements at Various City Parks and Facilities
P&R 14-02
Instructions for Signing Proposal, Bonds, and Contract ................................. Page 17
Contractor's Proposal Statement ................................................................... Page 18
Proposed Schedule of Work and Prices ......................................................... Page 19
Bidder's Bond to Accompany Proposal .......................................................... Page 21
Statement of Bidder's Qualifications and References .................................... Page 22
Statement of Bidder's Past Contract Disqualifications .................................... Page 26
Questionnaire Regarding Subcontractors ...................................................... Page 27
Bidder's Statement of Subcontractors and Material Fabricators .................... Page 28
Non-collusion Declaration .............................................................................. Page 29
California Labor Law Requirements ............................................................... Page 30
16
2014 Parking Lot Improvements
153
P&R 14-02
INSTRUCTIONS FOR SIGNING PROPOSAL, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant
Secretary.
c) Affix corporate seal and notary's acknowledgment.
d) Others may sign for the corporation if the City has been furnished a
certified copy of a resolution of the corporate board of directors authorizing
them to do so.
Partnerships
a) Signatures: All memoers of partnership. One may sign if City has a copy
of authorization.
b) Affix notary's acknowledgment.
Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of
authorization.
c) Affix notary's acknowledgment.
Individuals
a)
b)
c)
Signature: The individual.
Affix notary's acknowledgment.
Another may sign for the individual if the City has been furnished a
notarized power-of-attorney authorizing the other person to sign.
Fictitious Names
Bonds
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
a) In addition to all pertinent requirements above, give signature of Attorney-in-
tact and apply surety's seal and provide address and telephone number of
said surety.
PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
17
2014 Parking Lot Improvements
154
CONTRACTO~SPROPOSALSTATEMENT
City of Moorpark
Moorpark, California 93021
P&R 14-02
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has
carefully examined the location of the proposed work, that he/she has examined the Plans and
Specifications and read the accompanying instructions to bidders, and hereby proposes to
furnish all materials and to do all the work required to complete such work in accordance with
such Plans and Specifications for the prices set forth in this Proposal.
The undersigned has carefully checked all the figures in this Proposal and understands
that City will not be responsible for any error or omission on the part of the undersigned in
preparing this bid nor will City release the undersigned on account of such error or omission.
The undersigned swears or affirms under penalty of perjury that the information
regarding the Contractor's License is true and correct.
The undersigned further agrees that in case of default in executing the required Contract
within the applicable ten ( 10) calendar days or thereafter failing to provide the necessary bonds,
within ten (10) calendar days after the contract has been fully executed, the proceeds of check
or bond accompanying the bid shall become the property of the City of Moorpark.
Licensed in accordance with an act providing for the registration of Contractor's License
No. 400577 Class Expiration Date 02/28/2015
Names of Co-Partners or Corporate Officers and Titles: Dao Berry President: Robert
Sainsbu
/
Signature of Bidder ( > #/:24«-?-t(b ~·:/?2l"" Secretary 7 _../ Title
Name of Contractor or Firm Date of Submittal October 28 , 2014
Berry General Engineering Contractors, Inc. Telephone No. ~ t.~A·B-~:::f
Address 350 WI ewis St Ventura CA 93001
Corporation California
Doing Business as Individual/Partnership/Corporation State of Incorporation
Federal Tax Identification Number: --=-95=--~3-=-50=-7~3~7~9 ___________ _
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
18
2014 Parking Lot Improvements
155
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
'W,<W~~~~~~~'™~~~
State of California
County of VeOTuffi.-1
On 10-ZZ 2-0\Y=
Date
befoce me J (l na Ma r~ u Cfyd+No+n f'll PLZ.b) IC
Name and Title of the Officer ""'-'~
personally appeared \JOCLr\JlCt :5er01 __ __ _ ___ --··-
Name(s) O?Signer(s)
DONNA MARIE LLOYD
f/':~·-·· · ~ Commission# 192145.1 z < ~ Notary Public • Calilorn1a ~
~ Ventura County ~ J. •. ,. ,.MJ~oTr::·zxgir;s]:b2·3~1:I
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name{l54:®J"ar-e-
subscribed to the within instrument and acknowledged
to me that -~t.ftey-executed the same in ~tl'tetf-authorized capacity~, and that by
~Reif. signature.ts) on the instrument the
perso~. or the entity upon behalf of which the
perso!Jtlaracted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS .~and and official seal. • Signatu~tLf1£LiJJ__CiLUc::X' h_g-~
Signature of Notary Public
Place Notary Seal Above
~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ----·---·--------·----·----Document Date: _________ _
Number of Pages: ___ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _________________________________ _
· Corporate Officer -Title(s): --------·
: Partner -
• Individual
.! Trustee
; Other:
Limited · General
Attorney in Fact
Guardian or Conservator
Signer's Name: ________ _
Corporate Officer -Title(s): ----·-·-·-···-·-
! Partner -· Limited -, General
Individual :-. Attorney in Fact
· Trustee • Guardian or Conservator
Other:
Signer Is Representing: ---------··-··----------Signer Is Representing: _____ _
© 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
156
CALIFORNIA All-PURPOSE ACKNOWLEDGMENT
~ti0"<&~~~&¥®?&«itWdtfft.W~~k~&f'~~
State of California
County of Vilt/ hl 11-
0n /P ti if
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _ ···········-··-··--·-··------------
Document Date: ___________________ Number of Pages: ________ _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____ _
'l Individual
•..-J Corporate Officer -Title(s):
0 Partner -0 Limited LJ General
0 Attorney in Fact
fJ Trustee
LJ Guardian or Conservator
:--~ Other:
Signer Is Representing: ___ _
: ..
•
Top of thumb l1ere
Signer's Name: ___________ _
l] Individual
1 ] Corporate Officer -Title(s): ___ _
:~] Partner -lJ Limited [J General
....-: Attorney in Fact
r: Trustee
[l Guardian or Conservator
[]Other: _____ _
Signer Is Representing: ___ _
Top of thumb here
~~"<¥;.~Y<>~~~~~·~~~~~~~~~m;i;~~~~~~~~~~
<!:>2007 National Notary Association• 9350 De Solo Ave .. P.O. Box 2402 •Chatsworth, CA 91313-2402 • 1·1WW.NationatNotary.org Item #5907 Reorder: Call Toll-Free 1·800-8"16-6827
157
P&R 14-02
ATTACHMENT 2
Item
No.
1
2
3
4
5
6
7
8
10
11
12
13
14
15
'REVISED BY ADDENDUM NO. 1'
PROPOSED SCHEDULE OF WORK AND PRICES
FOR
PARKING LOT IMPROVEMENTS VARIOUS CITY PARKS AND FACILITIES
SCHEDULE A
Payment Unit
Ref. Description Qty Unit Price Total
702-5 Traffic Control 1 LS 13q l')rJ'O .?-4 .1;0.00
703-2 Stormwater Pollution Control 1 LS , ~flfo-g/~0-Plan
704-4 Pavement Surface Preparation 1 LS ~~ce6"" ~08.J-
705-6 Pavement Milling -1.5" depth 60,000 SF "'~ 2..7. G60 -D--~
Asphalt Concrete Overlay -
707-6 1/2" C2 PG 64-10, 1.5" 60,000 SF l~ Gs; 4-c:D-thickness
708-5 Slurry Seal (Type II) 76,000 SF 6~ )C.,, lffX>-.
Remove and Replace 4" Asphalt 709-6 9,000 SF )~ Concrete ...:.. 1 /2"C2 PG 64-10 'ff;9a::>-
710-4 Remove and Replace Concrete 100 LF f2-lf!: Curb and Gutter f":z.4o-.
711-4 ADA Ramps 4 EA ?6'7b lg '772-
712-3 Adjust Utility and Survey 1 LS li73;--~7)..r -Monument Covers
713-7 Traffic Signing and Pavement 1 LS Vttrt£> ltre:u-Delineation r
714-3 Parking Lot C -Repairs per 1 LS 4'2;~7J ¥-? ~75-plans (Appendix 1)
715-3 Parking Lot A -Repairs per 1 LS --plans (Appendix 2) /l.l-?}Qf /2-~ Jo.)
717-5 Parking Lot A -Remove and 1,500 SF I 10 replace 4" concrete o-tr, /JO-
%--ldt 00 Total Schedule A: $:>1 Q.
19
2014 Parking Lot Improvements
158
Item
No.
1
2
Item
No.
1
P&R 14-02
SCHEDULE B
-·
Payment Unit
Ref. Description Qty Unit Price Total
705-6 Monte Vista Park -Pavement 5,300 SF i.U 2 / _r;--
Milling -1.5" depth
Monte Vista Park -Asphalt
;13 707-6 Concrete Overlay -1 /2" C2 PG 5,300 SF ~of6-64-10, 1.5" thickness
Total Schedule B: $ I~ 2-// -
SCHEDULE C
Payment Unit
Ref. Description Qty Unit Price Total
Monte Vista Park -Remove
716-3 existing 4" asphalt and replace 5,300 SF f!jO
with porous Asphalt ;J -29 /lfc-
Total Schedule C: $---'2-C>=--,_,,._~_l_'to"--_-__
Total Amount of Bid (Schedules A, B & C): $ ____ 51~0 ..... 0..-19 ..... <.f,_,,3~.0_0 __
*Note: Contractor must bid on Schedules A, B AND C
Contractor's Name Berry General Engineering Contractors, Inc.
20
2014 Parking Lot Improvements
159
P&R 14-02
PROPOSED SCHEDULE OF WORK AND PRICES
Parking Lot Improvements Various City Parks and Facilities
*ADDITIONS/DEDUCTIONS
TOTAL AMOUNT BID $ ------
Bid Item No. New Total
Addition for: + ------
Addition for: + ------
Addition for: +
Deduction for:
Deduction for:
Deduction for:
Adjusted Total Bid Amount: $ ____ _
Adjusted Total Bid Amount in Words:----------------
* Provisions are made for the bidder to include additions or deductions in price for
bid item(s) to reflect last-minute adjustments in bidder's total bid amount. The bid
item for which the addition or deduction in price is made shall be listed by the
bidder as indicated above. The unit price for that item (if applicable) shall be
adjusted by dividing the bid quantity into the new total amount as determined
after adding or subtracting the amount listed by the contractor for such item.
The following addenda are acknowledged:
(Bidder must fill in number and date of
each addendum or may enter the word
"None" if appropriate.)
Number
1
2
Date
10/21/2014
10/22/2014
10/24/2014
I make this Proposal and certify under penalty of perjury that all the statements in this
proposal that I have signed are true and correct.
Vice President _ ..... s .. ec ...... r...,et...,ary.,_ ___________ _
Title Title
21
2014 Parking Lot Improvements
160
P&R 14-02
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:
Th t Berry General Engineering Contractors, Inc. P . .
1
d
a we, , as rmc1pa , an __ _
Fidelity and Deposit Company of Maryland I as Surety, acknowledge ourselves jointly and
severally bound to the City of Moorpark, the obligee, for ten (10) percent of the total bid,
to be paid to the City if the Proposal shall be accepted and the Principal shall fail to to
execute the Contract tendered by the City within the applicable time specified in the Bid
Terms and Conditions, or fails to furnish either the required Faithful Performance or
Labor and Material Bonds, or fails to furnish evidence of insurance as required in the
Standard Specifications, then this obligation shall become due and payable, and Surety
shall pay to obligee, in case suit is brought upon this bond in addition to the bond
amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If
the Principal executes the contract and furnishes the required bonds and evidence of
insurance as provided in the contract documents, this bond shall be extinguished and
released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture.
WITNESS our hands this 22nd day of October , 2014.
Berry General Engineering Contractors, Inc.
?}''
Title,jrMdL ~ · &1M~
Fidelity and De~ ompany of Maryland
Surety
By~~~-=:::::.-----..
Mike Melshenker, Attorney in Fact
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
22
2014 Parking Lot Improvements
161
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of Veo±LlrUJ
On I 0-ZCC>::@~~ _____ before me,TioncoJYbne Lloyd~Nciaf\./ iJ().btlc
Date Name and Title of the Officer -Y-
personally appeared -~Jo Q n,rlQ...,., Ber~ -------------------------------
Na e(s) of Signer(s)
DONNA MARIE LLOYD
Commission# 1921451
Notary Public • California ~
Ventura County '.!:
My Comm. Expires Feb 8, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory
evidence to be the personW whose nameW @lat'e"
subscribed to the within instrument and acknowledged
to me that ~.tAey executed the same in
~~ authorized capacity~ and that by
~H:tetr signature~ on the instrument the
person~. or the entity upon behalf of which the
personJef acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature:~~//71,n./ ,,
Signature of Notary Public~,.,.._
~~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~~
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __ _ _ __________ Document Date:
Number of Pages: ___________ Signer(s) Other Than Named Above: ---------------------------------------
Capacity(ies) Claimed by Signer(s)
Signer's Name:
--Corporate Officer -Title(s): _____ _
--Partner -
Individual
Trustee
Other:
Limited : General
Attorney in Fact
Guardian or Conservator
Signer Is Representing: _________ _
Signer's Name:
·Corporate Officer -Title{s): ___________ _
Partner -
.. : Individual
·Trustee
Limited General
Attorney in Fact
; Guardian or Conservator
': Other: ________ .. _____________ _
Signer Is Representing: _____ _
' © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
162
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~W£'<?'~~~~~~~,W-<it}%:K~~
state of califoTia;
County of~''-""'-------+-+---
On I b h,f~-~/ 0~~i~· ___ Dfo~e me,
personally appeared ---F~-"V-:-.o-f l~t~t~f-~,,_,,~.......__.,._'-'tt.,.--·
Place Notary Sea! Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Though the information below is not required by law, 11 may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: ________ _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:------------··
U Individual
LJ Corporate Officer -Title(s): ____ .
u Partner -=: Limited LJ General
• L Attorney in Fact
1_; Trustee Top of thumb here
[_j Guardian or Conservator
LJ Other:
Signer Is Representing: L_
_ _____ Number of Pages: _________ _
Signer's Name: ____ _
LJ Individual
lJ Corporate Officer -Title(s): _________ _
LJ Partner -0 Limited ::::: General
lJ Attorney in Fact
LTrustee
lJ Guardian or Conservator
LJ Other: __________ _
Signer Is Representing: _____ _
•
Top of thumb here
I
c_____ __ J
~.. . -™~~'@>'@.,~~<?;(,~~
©2007 National Notary Associalion • 9350 Da Solo Ave .. P.O. Box 2402 •Chatsworth. CA 91313-2402• wwwNationalNotary.org Item #5907 Reorder: Cell Toll-Free 1-800-876-6827
163
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of: California
County of Ventura
On 10/22/2014 before me, Pamela M. Ayerle, Notary Public,
personally appeared Mike Melshenker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/6Ae/tfle.y executed
the same in his/A6f/tRetF authorized capacity(+es) and that by his/~/tAetF signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I Certify under PENAL TY OF PURJURY under the laws of The State of California that the
foregoing paragraph is true and correct.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
01NDIVIDUAL
0CORPORA TE OFFICER
TITLES(S)
0PARTNERS 0UMITED
0GENERAL
~ATTORNEY-IN-FACT
0TRUSTEE(S)
0GUARDIAN/CONSERVATOR
OOTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
164
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Mike MELSHENKER, of Ventura, California, its true and lawful agent and Attorney-in-Fact, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such
bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE
COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT
COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of March, A.O. 2013.
By:
Assistant Secretary
Gerald F. Haley
State of Maryland
City of Baltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(,,,,,.,.,.~ ,~/ C~•HZL-·
\ __ . ......-·
Vice President
James M. Carroll
On this 26th day of March, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who eltecuted the preceding instrument, and acknowledged the eltecution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affilled to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affilled and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affaed my Official Sea.I the day and year first above written.
,,, .. \\::.' ~~~ ~11,,_ ..... ,\~~··"'····.:<'" .......
....... " .. \t(f) ·.,'f,,.._,.. l\~~~~J
1111 II\\\~'
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA-F 012-8994J
165
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. TI1e Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify ofrevoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of Dec.ember 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Direct..irs of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "Tiiat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TE,,TIMO~Y WjlbOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
rhis,,..-zµ..,,eay of Ce-:n; er-, 20£.
Thomas 0. McClellan, Vice President
166
P&R 14-02
ATTACHMENT 1
'REVISED BY ADDENDUM NO. 2'
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
The bidder is required to state the bidder's financial ability and a general description of
similar work performed.
Required Qualifications: Bidders must hold a valid State of California Contractor's
License Class A. or Class C12 with applicable subcontractors, at the time the bid is
submitted to the City, and Bidder must have satisfactorily completed at least four
municipal projects in the last five years of comparable size and scope of this project.
Number of years engaged in business under the present business name: 34+
Attach additional pages if required to show the necessary experience. The City
reserves the right to contact each of the references listed for additional information
regarding your firm's qualifications.
Project 1 Name/ Number Asphalt at Various School Sites
Project Description Asphalt Paving, Concrete, Utilities, Fencing and Striping
Approximate Construction Dates From: 5/2013 To: -~0~8/=2~0~13 ____ _
Agency Name: Ventura Unified School District
Contact Person: __ Te_r~ry~A_l_lis_o_n _________ _ Telephone: 805-641-5303
Address: 255 W. Stanley Ave Ste 100, Ventura CA 93001
Original Contract Amount: $ __ 39_4~,4_7_4 _____ Final Contract Amount: $ 489,487
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Additional Work
Did you file any claims against the Agency? Circle one: Yes €,}
Did the Agency file any claims against you? Circle one: Yes B
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
23
2014 Parking Lot Improvements
167
P&R 14-02
Project 2 Name/ Number Santa Ynez & Seventh Street -Asphalt & Concrete Imp.
Project Description _:...:A~sp""h""a::.:.lt:...:P-:a:::..:v'""in""q:u,..:::C::..::o°'"n:.::::c""'re""'te"--"'Cc:::u.!..::rb'-G=ut,,,te::.:.r_,&"-""S.:..::id:.::::e:.:.:wco::ac:.:clk,,_, .=E.:..::le""c"'"tr:.::::ic~a"-1, .:::Se>:.tr.:.r:iD:.:.:.in""q.__ __ _
Approximate Construction Dates From: 06/2013 To: _......:0:.:::8.:..::/2::..:c0...:..13"----
Agency Name: City of Carointeria
Contact Person: -~M~a~tt~R~o~b~e~rt~s _________ _ Telephone: 805-684-5405
Address: 5775 Carpinteria Ave, Carpinteria CA 93013
Original Contract Amount: $ 86 605 Final Contract Amount $.__.1,,,,.00"""'22..::41--__ _
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Added Quantities
Did you file any claims against the Agency? Circle one:
Did the Agency file any claims against you? Circle one:
Yes @
Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 3 Name/ Number __ Sc:..t::...:.o.;..;rm.:..:...;;D::...:.r.=a:.:..in'-'l.:..:.m.:.i:p.;..;ro::...:.v...;:e.:..:.m.:..::e.;:..nc:..t P::...:.r:..:o""je::...:.c:.:.t ____________ _
Project Description Paving, Storm Drain Improvements. Concrete Imp., landscaping and striping
Approximate Construction Dates From: __ 9/_2_0_12 __ _ To: 05/2014
Agency Name: City of Thousand Oaks
Contact Person: _E'--la'--i_n-'--e-'C-"a--'m-'-i=a _______ _ Telephone: --"'8,..05.,_-4-=4.,_9-...,2.,.44.8...__ __ _
Address: 2100 Thousand Oaks Blvd, Thousand Oaks CA 91360
Original Contract Amount: $ 1,019, 728 Final Contract Amount: $ 1 099 831
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Plan Revisions, Adjusted Quantities
24
2014 Parking Lot Improvements
168
Did you file any claims against the Agency? Circle one:
Did the Agency file any claims against you? Circle one:
Yes 8
Yes~
P&R 14-02
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
Project 4 Name/ Number Ventura Blvd Park & Ride and Pedestrian Crossing
Project Description Asphalt Paving, Concrete Curb & Gutter, Fixtures, Masonry Wall, Electrical, Striping
Approximate Construction Dates From: _ _,0'"'""1 ='2=0~14"'----To: 08/2014
Agency Name: ~C~it,,,_v~o~f~O~x~n=ar~d~------------------------
Contact Person: Pat Friend Telephone: 805-385-7802
Address: 1060 Pacific Ave, Oxnard CA 93030
Original Contract Amount: $ 142 224 Final Contract Amount: $~2~00~50~9~---
If final amount is different from original amount, please explain (change orders. extra work, etc.)
Wall Revisions T&M; Added Quantities
Did you file any claims against the Agency? Circle one: Yes @
Did the Agency file any claims against you? Circle one: Yes @
If you answered yes to either of the above two questions, please explain and indicate outcome
of claims.
25
2014 Parking Lot Improvements
169
P&R 14-02
STATEMENT OF BIDDER'S QUALIFICATIONS AND
REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF_........;..;Ve=n=tu=ra=-----------
I am the Vice-President
Of Berry General Engineering Contractors, Inc.
the bidder herein. I have read the foregoing statement and know the contents thereof;
and I certify that the same is true to my knowledge, except as to those matters which
are therein stated upon my information or belief, and as to those matters I believe it to
be true.
Executed on __ o;:._c=to=b;_.:;.e'-'r 2=8'------at __ v.:...:e=n=tu=ra;c__ ______ , California.
(date) (place)
I declare, under penalty of perjury, that the foreg~rue and correct. ----
Signal~
Vice-President
Title
---\ ( 1-oa ,~ --·-· "'<?:Z a< ' =
§t!iifutlire of Bidder
Secretary
Title
26
2014 Parking Lot Improvements
170
P&R 14-02
STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS
Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether
such bidder, any officer or employee of such bidder who has a proprietary interest in
such bidder has ever been disqualified, removed, or otherwise prevented from bidding
on, or completing a Federal, State, or local government project because of a violation of
law or a safety regulation; and if so, explain the circumstances.
1. Do you have any disqualification, removal, etc., as described in the above
paragraph to declare?
Yes No ...f ---
2. If Yes, explain the circumstances.
Executed on October 28 2014 at Ventura , California.
I declare, under penalty of perjury, that the foregoing is true and correct.
Vice-President Secretaiy
Title Title
27
2014 Parking Lot Improvements
171
P&R 14-02
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the proposal.
1.
2.
3.
4.
5.
Were bid depository or registry services used in obtaining subcontractor bid
figures in order to compute your bid? Yes( ) No M
If the answer to No. 1 is "yes", please forward a copy of the rules of each bid
depository you used with this questionnaire.
Did you have any source of subcontractors' bids other than bid depositories?
Yes~ No ( )
Has any person or group threatened you with subcontractor boycotts, union
boycotts or other sanctions to attempt to convince you to use the services or
abide by the rules of one or more bid depositories? Yes ( ) No M
If the answer to No. 4 is "yes", please explain the following details:
(a)
(b)
(c)
(d)
(e)
(f)
Date:
Name of person or group:
Job involved (if applicable):
Nature of threats:
Additional comments: (Use additional paper if
necessary)
We declare under penalty of perjury that the foregoing is true and correct.
Dated this 28th day of October '2014.
Berry General Engineering Contractors, Inc.
NBya"~~ ~ a:::a;osbucy
Vice-President
Title
By ~~~~noa Beny c:77 ' )
Secretarv 0
Title
28
2014 Parking Lot Improvements
172
P&R 14-02
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1 /2% the value
of the total lump sum bid amount 1 . (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure to do so may result in the bid being disqualified)
Subcontractor Name: License No: )647 J)2...
?a..ve"'-...., ...... ~ ~ .. e.~ G It"""" S'~ .{ ./..,, i-. J Classification: 4-
Subcontractor Address: ' (I Subcontractor Phone:
Lo 2. 'tO $c.c., $(:\Jo..!'-" e \......_,.-
(C61) ?J'l-a-S-?17 J c..c.\r(....IAc;.. \).,,.fl---CQ. C717TL-
Type of Work: , Percent Work to
CoLJ2 ~.tl: ..... r be done:
4-. i %
Subcontractor Name:. J./. License No: ~~7.JB "Ru.~ be\.. re~ el..::-.1 I~'-~ e..., l e;.., ,L, ::t.J..,c.,
Classification: C--) Z...
Subcontractor Address: Subcontractor Phone:
~ e. LA..>o/i,.,..) 4v-.
FwJI e._L..., ca... 69?1"',) J l71'f) ftf)-f""/72..
Type of Workk / Percent Work to
CV-o.c. l:lL'L..~ be done:
4. 8%
Subcontractor Name: License No: c; 'f !5 .r7 'f-~'-. IJ..J I t J'o"'J... :J+..c., Classification: JJ.-
Subcontractor Address: Subcontractor Phone:
Po IJ~ tz;70 [t:x:>s) t;LJ9-&ZJ P"' \) 'l!'i.-->.)..VIA.. -,("3:';_ '?Joor
T~eofWork: , Percent Work to
-e. l oc-J ti' [~Jl~o~f-be done:
2.7%
(attach more sheets 1f necessary)
T ot~!_Percentage 2 2. 2.. 9 % ------
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
29
10/28/2014
Date
-2014 Parking Lot Improvements
173
P&R 14-02
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amount1. (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure to do so may result in the bid being disqualified.)
Subcontractor Name: License No: Gz..'t-z..f7
Wt 18Sro...., --p.,, ... 17 &vi:9 $4?-f,..,,./ ~""'--Classification: C/z_ , ~ 2... '")
Subcontractor AJd!ss:b Subcontractor Phone: / ,
12-7¥) 'c.... 4. ~~ ~-<;:>.
{_C26) 'f)Z.-82.c:o I 1;.L ... ~ i .... c:9 ... f Q. , r-c;,_. '9/ 7ob
Type of Work: r Percent Work to 81~"''7-s~~l be done:
G.8%
· Subcontractor Name: License No: BJ8C/8>
:t:'-'4e'-'S )J_,. 5/,,.. ;; l 11r j f',-?"'J" / :t.hc. .. Classification: C-3L
Subcontractor Address: Subcontractor Phone: Y7 I '""''?"£.,,..,.. J.J.. lk..c.J~l..cO 6o k.J ca. ~/}Cb (6o5") )jf -S-Jb'f
Type of Work: Percent Work to
SJi...;ph-r be done:
°' <,e .0
Subcontractor Name: License No: '--S 7'77f""" 'IJ,i..i....et... i C ... v-fJ ~ei.,./;:r:t..c .. Classification:
Subcontractor Address: Subcontractor Phone: J06 e. ~~JI
(8'>5") r ir-:JJ7c;. & .... 1--1J.-. /lc-k_ a:;., &J'J~
Type of Work: Percent Work to
$C--<."""v -e.y be done:
.:;;, C;7,7/o
(attach more sheets 1f necessary)
Total Percentage 2 2 2.. 2~~ -----· --~'"'---"--.•""'"'"'""-
Robert Sains u
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
29
10/28/2014
Date
2014 Parking Lot Improvements
174
P&R 14-02
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amount 1• (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure to do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach more sheets 1f necessary)
Total Percentage 2 _______ _
Robert Sain~
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
29
10/28/2014
Date
2014 Parking Lot Improvements
175
P&R 14-02
BIDDER'S STATEMENT OF SUBCONTRACTORS
TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
Provide a complete list of all Subcontractors who will perform more than 1/2% the value
of the total lump sum bid amount 1. (NOTE: If bidding contractor does not have the appropriate specialty
designations as required by these bid documents, than a subcontractor with the appropriate specialty designation
must be listed here. Failure lo do so may result in the bid being disqualified.)
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
Subcontractor Name: License No:
Classification:
Subcontractor Address: Subcontractor Phone:
Type of Work: Percent Work to
be done:
(attach more sheets 1f necessary)
Total Percentage 2
--------
1 Based on contract price
2 May not exceed 50% of contract price. See Greenbook Section 2-3.2
29
10/28/2014
Date
2014 Parking Lot Improvements
176
P&R 14-02
NON-COLLUSION DECLARATION
The undersigned declares:
TO BE EXECUTEDBY
BIDDER AND SUBMITTED WITH BID
I am the Vice-President of Berry General Engineering Contractors. Inc. , the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other bidder. All statements
contained in the bid are true. The bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association,
organization, bid depository, or to any member or agent thereof, to effectuate a collusive
or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
October 28 2014 [date], at Ventura [city],
CA [state].
Robert Sainsbury
350 W Lewis St Ventura CA 93001
Address of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
30
2014 Parking Lot Improvements
177
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~.esr~~~~~~~~~~~~!!fil:i~~~~~~~~~
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my a and official se ~
Signature Md A:,L_,;;:~~~----
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ____ _
Document Date: _____ _ _ _________ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:--·-··-·--···---------
0 Individual
D Corporate Officer -Title(s):
rJ Partner -U Limited '"] General
r:::: Attorney in Fact
Trustee
Guardian or Conservator
:._;Other: ________ _
Signer Is Representing: ____ _
Signer's Name: _____________ _
l.J Individual
U Corporate Officer -Title(s):
'J Partner -[] Limited CJ General
c .. .l Attorney in Fact
[:::I Trustee
[] Guardian or Conservator
0 Other: __________ _
Signer Is Representing: ____ _
Top of lhumb here
~~~m~"iX).~~~~~
© 2007 National Nota•y Associalion • 9350 De Soto Ave., P. 0. Box 2402 • Chatswortll, CA 91313·2402 • wvm.NationatNolary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
178
CITY OF MOORPARK
PARKS. RECREATION & COMMUNITI SERVICES DEPT. f 799 Moorpark Avenue, Moorpark, CA 93021
Main City Phone Number (805) 517-6200 I Fax (805) 532-2550 I moorpark@moorparkca.gov
October 21, 2014
ADDENDUM NO. 1
for
Parking Lot Improvements at Various CityParks and Facilities
Specification No. P&R 14-02
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
===========================================================================
• Section 701-7 shall be amended as follows: Contractor shall be responsible for stockpiling all
grindings and road base on the north side of the access road at Arroyo Vista Community Park.
The final location shall be determined by the City representative. The grindings and road base
shall be 90% free of extraneous debris, such as dirt and plant material. All other construction
debris and material shall be disposed by contractor per project specifications.
• Section 701-3 shall be amended as follows:
o Contractor shall be allowed to close the parking lots at Poindexter Park, Country Trail Park,
Monte Vista Park, and Miller Park during construction. The parking lots shall not be closed
over the weekend, or for more than three consecutive working days without the written
approval from the City Parks and Recreation Director.
o The parking lots at the Civic Center shall remain open to the public during regular business
hours.
o Contractor shall be allowed to close parking lots B, C, and D at Arroyo Vista Community
Park during construction for no more than three consecutive working days without written
approval from the City Parks and Recreation Director. The parking lots shall remain open
to the public during the weekend.
o Contractor shall be allowed to close parking lot A at Arroyo Vista Community Park during
construction for no more than 20 consecutive working days without written approval from
the City Parks and Recreation Director.
o The access road at Arroyo Vista Community Park shall remain open to the public at all
times during constructions. Contractor shall submit a traffic control plan for City approval
and shall provide traffic control as needed to provide ingress and egress along the access
road.
o Contractor shall provide a schedule of all closures prior to proceeding with any construction
activities and shall post notice at each location regarding the closures, minimum 7 days
prior to the closure.
• Section 701-8 shall be amended as follows: Contractor shall be allowed to store vehicles and
equipment within the fenced parking lot located directly to the south of the City Library with prior
written approval from City Parks and Recreation Director. Contractor agrees to assume full
responsibility for loss, theft, damage to its equipment or supplies, and any injury that may arise,
and agrees that the indemnification provision, Section 10 of the Agreement, applies to the
storage of equipment on City property.
JAN!CE S. PARVIN
Mayor
ROSEANN MIKOS, Ph.D.
Councilmember
KEITH F. MILLHOUSE
Councilmember
DAVID POLLOCK
Councilmember
MARK VANDAM
Councilmember
179
Parking Lot Improvements at Various City Parks and Facilities -Addendum No.
October 21, 2014
Page 2
• Scope of Work is amended to include the removal and replacement of 1,500 s.f. 4" depth concrete
at Arroyo Vista Community Park. Concrete color shall be natural grey with medium broom finish.
Contractor shall install three 5'x5' tree planters at the same location as the planters being removed.
Section 717, Portland Cement/Concrete Improvements, is hereby added as pages 119 and 120
(Attachment 2).
• Scope of Work is hereby amended to include plan item no. 41, the relocation of an existing fire
hydrant at the entrance to parking lot A at Arroyo Vista Community Park. Sheets 5a of 20 and 6 of
20 in Appendix 2 are hereby replaced with the attached revised sheets 5a of 20 and 6 of 20
(Attachment 3). Work shall be constructed per VCWVVD std. plate No. 1 (Attachment 4). There
have been no changes to page 6 of 20. It is attached at full size (24"x36") for clarification.
o Proposed Schedule of Work and Prices, Bid Schedule A on page 19 and Bid Schedule B on Page
20, is hereby replaced with the attached form (Attachment 2). The bid schedules are amended to
include the following:
o Bid Schedule A: Additive item No. 15. Remove and replace 1,500 s.f. 4" depth concrete,
per Section 717 and Appendix 2, Detail C, Sheet 17 of 20 at Arroyo Vista Community Park.
Concrete color shall be natural grey with medium broom finish. Contractor shall install
three 5'x5' tree planters at the same location as the planters being removed.
o Bid Schedule A: Item No. 6, Slurry Seal (Type II). No changes to bid schedule.
o Bid Schedule B: Clarification, work location is at Monte Vista Park.
o Bid Schedule B: Bid item No. 3 shall be removed and included in Bid Schedule C. Bid item
shall include the removal of existing asphalt and installation of porous asphalt.
• Page 71, Section 700-5, first sentence is amended as follows: 'The Contractor shall complete the
work including punch list items (if applicable) within 45 working days from the date of the written
Notice to Proceed.'
'END OF CHANGES'
=========================================================================~=
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be !lowed erefore.
arks and Recreation Director
Questions regarding this ad endum may be directed to the Agency's Project Representative Jeremy
Laurentowski, jlaurentowsk@moorparkca.gov
• •• • • •• ••• •• • •• • • •• • •• • • • •••••••I •• •• I I•••• I II I I I II I I I II I II I 111111IIIII 1 111111 I 1111111111 I Ill I I I II I I I I I I I I I II I I II I Ill I I lll1111I1•111 I I I I I I I I
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JEREMY LAURENTOWSKI AT
jlaurentowsk@mooroarkca.gov AND INCLUDE WITH BID.
2
180
Parking Lot Improvements at Various City Parks and Facilities -Addendum No. 1
October 21, 2014
Page 3
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: Berry General Engineering Contractors Inc
Authorized Representative: Robert Sainsburv. Vice-President
Signature of Authorized Representative: ~
Attachments:
1 -Section 717, Portland CemenUConcrete Improvements
2 -Proposed Schedule of Work and Prices, Bid Schedules A, B, and C
3 -Appendix 2, sheets 5a of 20 and 6 of 20
4 -VCWWD std. plate No. 1
3
181
CITY OF MOORPARK
PARKS, RECREA T!ON &: COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue, Mooq:>ark, CA 9302!
Main City Phone Number (805) 517 6200 I fax (805) 532 2550 I moorpark(!!1 moorparkca.gov
October 22, 2014
ADDENDUM NO. 2
for
Parking Lot Improvements at Various City Parks and Facilities
Specification No. P&R 14-02
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
=========================.==================================================
• Page 6, Notice Inviting Sealed Bids, Scope of Work, shall be amended as follows: The proposal
shall be submitted and the work shall be performed by a Class ("A") State of California licensed
contractor, or a Class (C12) State of California licensed contractor with applicable sub-
contractors.
• Page 9, Bid Terms and Conditions, License, shall be amended as follows: In accordance with the
provisions of California Public Contract Code Section 3300, the City has determined that the
Contractor shall possess a valid applicable Class 'A' Contractor's license, or a valid applicable
Class 'C12' Contractor's license with applicable subcontractors, at the time the bid is
submitted.
• Statement of Bidder's Qualifications and References on page 29 is hereby replaced with the
attached form (Attachment 1).
'END OF CHANGES'
==============================================.===.==========================
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be al we th r fore.
Questions regarding this addend1:1 may be directed to the Agency's Project Representative Jeremy
Laurentowski, jlaurentowsk@moorparkca.gov
•• ••••• ••••• •• ••• • •• • ••• •• • •• • ••••••• • •••••••I a aa a a a•• a••• aa •a a a a I 1aa1a•• l•lla••I I I• a••••• •a a I•••• •••I •I•••••••• ••• la······ ••1Ill•1 " "" •••• 0
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JEREMY LAURENTOWSKI AT
jlaurentowsk@moorparkca.gov AND INCLUDE WITH BID.
JANICES. PARVIN
Mayor
ROSEANN MIKOS, Ph[)
Councilmembcr
KEITH f. MILLHOUSE
Council member
lJA VID POLLOCK
Council member
MARK VAN DAM
Councilmember
182
Parking Lot Improvements at Various City Parks and Facilities -Addendum No. 2
October 22, 2014
Page 2
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: Berry General Engineering Contractors Inc
Authorized Representative:_---R~o~b ..... e"'""rt'""s .... a __ in"'""s=b=ury_,__ _____________ _
Signature of Authorized R.epresentative: ~
Attachment:
1 -Statement of Bidder's Qualifications and References
2
183
CITY OF MOORPARK
PARKS. RECREATION&: COM MU N!TY SERVICES DEPT. I 799 Moorpark Avenue. Moorpark. CA 93021
Main City Phone Number (805) 517·6200 I Fax (805) 532-2550 I moorpark@moorparkca.gov
October 24, 2014
ADDENDUM NO. 3
for
Parking Lot Improvements at Various City Parks and Facilities
Specification No. P&R 14-02
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above
described project are hereby amended as follows:
===========================================================================
• Section 708-2.1 shall be amended as follows: Aggregate shall consist of sound, durable, crushed
stone or crushed gravel and approved mineral filler. The material shall be free from vegetable
matter and other deleterious substances. Aggregates shall be 100% crushed with no rounded
particles, \1olcanic in origin and slack in color, as supplied ey George Reed, Table Mountain
Plant, Sonora, CA., or Equal. The use of gray or light colored aggregate will not be allowed.
• The second paragraph of Section 708-4.1 shall be amended as follows: No application of slurry
shall occur until all pot holes are repaired, deep patching, skin patching, crack sealing or other
preliminary pavement repairs have been completed, raised pavement markers removed; and
thermoplastic pavement markings and thermoplastic striping removed by grinding;
painted pavement markings and painted striping shall remain. The surface of the
pavement shall be thoroughly cleaned by sweeping or other means necessary to remove all
loose particles of paving, all dirt and other extraneous material prior to the application of slurry.
No slurry seal shall be placed before 8:30 a.m. nor after 2:00 p.m.
• Section 708-4.6 shall be amended as follows: Test sections are not required. Pavement
preparation, crack routing and sealing, and cured slurry seal shall be in conformance with
technical specifications.
• The first and second paragraph of Section 708-5 shall be amended as follows: Measurement
and payment for slurry seal, will be made at the contract unit price bid per square foot (SF) ~
Extra Long Ton (ELT) as shown in the Bid Schedules.
For the purposes of this contract, an Extra Long Ton (ELT) is made up of 2,000 pounds of dry
aggregate, plus emulsified asphalt, accelerator or retardant, and water added at the rates and
proportions required ey Tallie 302 4.3.1 (A) of the SSPWC.
'END OF CHANGES'
========================·====================================================
JANICE S. PARVIN
Mayor
ROSEANN MIKOS. Ph.D.
Councilmember
KEITH F MILLHOUSE
Council member
DAVID POLLOCK
Council member
MARK VANDAM
Councilmember
184
Parking Lot Improvements at Various City Parks and Facilities -Addendum No. 3
October 24, 2014
Page 2
This addendum shall be made part of the above referenced project. Full compensation for all work and
requirements of this addendum shall be considered as included in the appropriate price bid and no
additional compensation will be allow a herefor .
\
remy Laurentowski, Parks and Recreation Director
Questions regarding this ~ddendum may be directed to the Agency's Project Representative Jeremy
Laurentowski, jlaurentowsk@rnoorparkca.gov
• • • • o ••••• e •• • •• • s SSS••• SI• Se••••• e • e • • e • e e e e ••a• e e • e • S ••a I•• e •••II e •es' e SI••••• e • •' •• • e e •••I ••• ' ea e e e •• ' •• e e .. SS If' •• ' ••• • I 0 S • • •• •. o Is' 0 • e S, I
PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO JEREMY LAURENTOWSKI AT
i@urentowsk@moorparkca.gov AND INCLUDE WITH BID.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Company Name: Berry General Engineering Contractors, Inc
Authorized Representative: Robert Sainsbury
Signature of Authorized Represent~~;:.....,d""---~""~-~~-....=c-_,,_,:-
______________ -----__
2
185
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND BTC LABS -VERTICAL V, INC.,
FOR ENGINEERING AND TESTING SERVICES FOR PARKING LOT
IMPROVEMENTS AT VARIOUS CITY PARKS AND FACILITIES
THIS AGREEMENT, is made and effective as of this day of
________ , 2014, between the City of Moorpark, a municipal corporation
("City") and BTC Labs -Vertical V, Inc., a corporation ("Consultant"). In consideration of
the mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for engineering and testing services for parking lot
improvements at various City parks and facilities; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated October 17,
2014. which is attached hereto as Exhibit B.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide engineering and testing services, as set forth in Exhibit
B. In the event there is a conflict between the provisions of Exhibit B and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit B.
Consultant shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value of fifteen thousand four hundred thirteen dollars ($15,413.00) as stated in Exhibit
B, without a written Amendment to the Agreement executed by both parties. Payment
by City to Consultant shall be in accordance with the provisions of this Agreement.
186
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Scott Moors, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, based upon
actual time spent on the above tasks. This amount shall not exceed fifteen thousand
four hundred thirteen dollars ($15,413.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
( 10%) of the amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager or the City
Manager's designee. If the City disputes any of Consultant's fees or expenses, City
shall give written notice to Consultant within thirty (30) days of receipt of any disputed
fees set forth on the invoice.
BTC Labs -Vertical V, Inc. Page 2 of 14
187
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSUL TANT
The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant's control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Consultant fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Consultant shall forfeit and pay to the City, as liquidated damages, the sum of fifty
dollars ($50.00) per day for each calendar day the work, or portion thereof, remains
uncompleted after the above specified completion date. Liquidated damages shall be
dedu9ted from any payments due or to become due to the Consultant under the terms
BTC Labs -Vertical V, Inc. Page 3 of 14
188
of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels' fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels' fees
and costs, court costs, interest, defense costs, and expert witness fees), where the
BTC Labs -Vertical V, Inc. Page 4 of 14
189
same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or agency
for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subconsultant, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
BTC Labs -Vertical V, Inc. Page 5 of 14
190
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
The Consultant shall have responsibility for compliance with this Section [Labor Code
Section 1735].
15. UNDUEINFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
BTC Labs -Vertical V, Inc. Page 6 of 14
191
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Scott Moors
BTC Labs -Vertical V, Inc.
1868 Palma Drive, Suite A
Ventura, California 93010
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
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21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys' fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
24. ARBITRATION
Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
25. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
26. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
BTC Labs -Vertical V, Inc. Page 8 of 14
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27. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
28. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant's
Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any prov1s1on of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK BTC LABS -VERTICAL V, INC.
By:
--~----~------
By: _____________ _
Steven Kueny, City Manager Scott Moors, President
Attest:
Maureen Benson, City Clerk
BTC Labs -Vertical V, Inc. Page 9 of 14
194
Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
BTC Labs -Vertical V, Inc. Page 10 of 14
195
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$1,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A-or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
BTC Labs -Vertical V, Inc. Page 11 of 14
196
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will "endeavor" (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the incre9sed benefit to the City.
BTC Labs -Vertical V, Inc. Page 12 of 14
197
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
BTC Labs -Vertical V, Inc. Page 13 of 14
198
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
BTC Labs -Vertical V, Inc. Page 14of14
199
NIVIS
BTC LABS VERTICALFIVE
October 17, 2014 (Revised November 5, 2014)
City of Moorpark
799 Moorpark A venue
Moorpark, CA 93021
Emails: jsandifer@moorparkca.gov and jlaurentowski@moorparkca.gov
ATTENTION: Jessica Sandifer and Jeremy Laurentowski
Exhibit B
Proposal No: 2014.06.0190
SUBJECT: Proposal for Construction Materials Engineering and Testing Services for the City of
Moorpark Parking Lot Improvements at Various City Parks and Facilities
BTC LABS -Vertical Five is pleased to submit this proposal for the referenced project. Our estimated
scope of services and estimated costs are detailed below.
Scope of Services and Cost Estimate
Public Works Inspection -(part-time)
Public Works Inspection
Field Vehicle
Concrete and Soils Testing (as required)
Senior Technician
Concrete compression tests (4 cyls. per set/$25. per cyl.)
Concrete cylinder pickup (4 cyls. per set I $9.50 per cyl.)
Maximum Density -soils
Maximum Density -base
Asphalt Overlav Sampling and Testing
(assume 2 days AC paving)
Senior Technician -sampling & testing
(check temperature, check rolling pattern, nuclear densities)
AC -Maximum Density
AC -Extraction & Gradation
Slurry Seal Sampling and Testing
(assume no test section as per spec, assume 1 day slurry)
Senior Technician -sampling & testing
Wet Track Abrasion Test
BTCLABS -VERTICALFIVE
1868 Palma Drive, Suite A, Ventura, CA 93010; (805) 656-6074
Rate
$ 94.00 hr
$ 60.00 day
$ 94.00 hr
$ 25.00 ea
$ 9.50 ea
$ 175.00 ea
$ 195.00 ea
$ 94.00 hr
$ 220.00 ea
$ 235.00 ea
$ 94.00 hr
$ 270.00 ea
Units Total
30 $ 2,820.00
8 $ 480.00
Subtotal: $ 3,300.00
16 $ 1,504.00
4 $ 100.00
4 $ 38.00
1 $ 175.00
$ 195.00
Subtotal: $ 2,012.00
16 $ 1,504.00
2 $ 440.00
2 $ 470.00
Subtotal: -$=-----:2-, 4-1-4-. 0-0-
8
2
$
$
752.00
540.00
An NV5, Inc. Company
www.NV5.com
200
Proposal for Construction Materials Engineering Testing Services
Aggregate -Sieve Analysis $ 105.00 ea $ 105.00
Aggregate -Sand Equivalent $ 110.00 ea $ 110.00
Subtotal: $ 1,507.00
Porous As12.halt Pavement-Samo.ting and Testing_
Staff Engineer -sampling & testing $ 125.00 hr 6 $ 750.00
(perform material sampling and infiltration capacity testing)
Extraction & Gradation $ 235.00 ea 2 $ 470.00
Staff Engineer -Reporting $ 125.00 hr 2 $ 250.00
Subtotal: $ 1,470.00
Project Engineer (Project Management & Miscellaneous) $ 145.00 hr 30 $ 4,350.00
Mileage I Trip Charge $ 45.00 trip 8 $ 360.00
TOTAL ESTIMATE: $ 15,413.00
Proposal Conditions:
1 California Prevailing Wages apply.
2 This estimate is provided for budgetary purposes only and is not a lump sum or not to exceed cost. Billing will be for actual
services provided in accordance with our current Fee Schedule.
BTC Labs appreciates the opportunity to be of service. If you have any questions, please do not hesitate to
contact us.
Respectfully Submitted,
BTC LABS -Vertical Five
Attachment: Tenns and Conditions
2014 Fee Schedule
BTC LABS -Vertical Five
Reviewed By,
Page 2 of2
201
STANDARD TERMS AND CONDITIONS
1. The Agreement. This Agreement between the parties, which shall describe and govern Client's engagement of"Consultant" to provide services ("Services") in
connection with the project ("Project") identified in the proposal ("Pmposal"), consists of the Proposal, these tem1s and conditions, Consultant's fee schedule, and any
exhibits or attachments referenced in any oflhcse documents. Together these clements constitute the entire agreement between the parties, superseding any and all prior
negotiations, correspondence, or agreements, either written or oral, with respect to the subject matter of this engagement. This Agreement shall be interpreted as though
pre·pared by all parties and shall not be construed unfavorably against either party.
2. Standard of Care The Services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant's
profession currently practicing under similar conditions and in the same locality as the Project. Data, interpretations and recommendations by Consultant will be based
solely on information discovered by, or made available to, consultant during the course of the engagement. In connection with such information, Client recognizes that
subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change over time.
Consultant shall not be responsible for the use or interpretation of such information by non-parties to this Agreement. Consultant shall not be held liable for problems
that may occur if Consultant's recommendations are not followed.
3. Site Access and Conditions. Client will provide Consultant access to the Project site for all equipment and personnel necessary for the performance of the
Services. As required to effectuate such access, Client will notify all owners, lessees, contractors, subcontractors, and other possessors of the Project site that Consultant
must he allowed free access to the site. While Consultant agrees to take reasonable precautions to minimize damage lo the site, Client understands thal, in the normal
course of performing the Services, some damage may occur, and further understands that Consultant is not responsible for the correction of any such damage unless so
specified in the Proposal. Client is responsible for the accuracy of' locations for all subterranean structures and utilities. Consultant will take reasonable precautions to
avoid known subterranean structures and utilities, and Client waives any claim against Consultant, and agrees to defend, indemnify, and hold Consultant harmless from
any claim or liability for injury or loss of any party, including costs of defense, arising from damage done to subterranean structures and utilities not identified or
accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with
compensation lo be based upon Consultant's prevailing fee schedule and expense reimbursement policy.
4. Cooperation and Project Understanding. To the extent requested by Consultant, Client will make available to Consultant all information in its possession
regarding existing and proposed conditions at the site. Such information shall include, but not be limited to engineering reports, plot plans, topographic surveys,
hydrographic data, soil data including borings, field and laboratory tests and written reports. Client shnll immediately transmit to Consultant any new infonnation
concerning site condition which becomes available, and any change in plans or specifications concerning the Project to the extent such information may affect
Consultant's performance of the Services. Client agrees, upon 24 hours oral or written notice, to provide a representative at the job site to supervise and coordinate the
Services. Consultant shall not be liable for any inaccurate or incorrect advice, judgment or decision which is based on any inaccurate information furnished by Client
and Client shall indemnify Consultant against claims, demands, or liability arising out of, or contributed to, by such inaccurate information.
5. Sample Disposal. Unless other arrangements arc made, Consultant will dispose of all soil and rock samples remaining at the lime of report completion. Further
storage or transfer of samples can be arranged at Client's prior written request, subject to a reasonable charge by Consultant. Client acknowledges that contaminated
drill cuttings, sample spoils, wash water, and other materials may be produced as a result of encountering hazardous materials at the site. In such event, Consultant shall
properly contain, label, and store such materials on-site, and Client shall be responsible for its proper transportation and disposal. Consultant may be able to arrange for
the transportation and disposal of hazardous materials at Client's reqnest.
6. Construction Monitoring. If Consultan.t is engaged by Client to provide a site representative for the purpose of monitoring specific portions of any construction
work, as set forth in the proposal, then this Section 6 shall apply. If Consultant's engagement does not include such construction monitoring, then this Section shall be
null and void. In connection with construction monitoring, Consultant will report observations and professional opinions to Client. Consultant shall report lo Client any
observed work which, in Consultant's opinion, does not conform to plans and specifications. Consultant shall have no authority to reject or terminate the work of any
agent or contractor of'Client. No action, statements, or communications of Consultant, or Consultant's site representative, can be construed as modifying any agreement
between Client and others. Consultant's presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained
by Cl.ient to provide construction related services. Neither the professional activities of Consultant, nor the presence of Consultant or its employees, representatives, or
subcontractors on the Project Site, shall be construed to impose upon Consultant any responsibility for methods of work performance, superintendence, sequencing of
construction, or safety conditions at the Project site. Client acknowledges that Client its general contractor or construction manager is solely responsible for job s.ite
safety, and warrants and agrees that such responsibility shall be made evident in any Project owner's agreement with the general contractor. Client also agrees to make
Consultant an additional insured under any general contractor's general liability insurance policy. Prior to the commencement of the Work, Client shall provide
Consultant with a certificate of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to Consultant and
shall be en.dorsed to include: (I) Consultant as additional insured; and (2) a waiver of subrogation as to Consultant. This insurance shall be primary to any insurance
available to Consultant. In the event Consultant expressly assumes any health and safety responsibilities for hazardous materials or other items specified in this
Agreement, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other health and safety requirements, such as,
but not limited to, those relating to excavation, trenching, drilling or backfilling.
7. Project Changes. In the event Client, the Project owner, or other party makes any changes in the plans and specifications, Client agrees to hold Consultant
harmless from any liability arising out of such changes, a11d Client assumes full responsibility unless Client has given Consultant prior notice and has received
Consultant's written consent for such changes.
8. Ownership of Documents. All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by
Consultant in connection with this engagement, shall remain the property of Consultant. Client agrees that all reports, or other material furnished to Client or its agents
ror which Client has not paid will be returned upon demand and will not be used by Client or others for any purpose whatsoever. Unless otherwise required by law,
Consultant will retain all pertinent records relating to the Services performed for a period not exceeding (10) ten years after final payment, during which period the
records will be made available to Client at all reasonable tint.es and an administrative foe may be charged to the Client for retrieval and repro.duction of such records.
9. Termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice, and at any time by either party if the other party
defaults in the performance of any material provision of this Agreement and such default continues for a period of seven (7) days after written notice thereof. In the
event of termination, Consultant will be paid for services performed through the date of termination, plus reasonable termination expenses, including the cost of
completing analyses, demobilization, records and reports necessary to document job status at the time of termination.
10. Indemnity. Consultant shall indemnify and hold hannless Client from and against losses, liabilities, and reasonable costs and expenses for property damage and
hodily i1tjury (including reasonable attorney's fees). to the extent directly and proximately arising from Consultant's negligent performance of services or breach of
warranty under this Agreement. Client shall defend, indemnify and hold harmless Consultant, its employees, directors, officers, and agents, from and against any and all
claims, losses, liabilities, and reasonable costs and expenses (including reasonable attorney's fees) that are: i) related to, or caused in any way by, the negligence or
willli1l 111bconduc1 ofC!icm, its cmpluyecs,.ur agents; ii) related to this Agreement orthc work to he pcrlbrmcd by Consult~nt lbrwhich Consullltut is n!ll cxpn:ssly
responsible; or iii) the expressed rc<ponsihility nfthc Clicm undcr this Agreement.
11. Risk Allocation and Limitation of Liability. To 1hc fullest extent pcnnittcd by luw, nnd not wi1hslm1dlng nny other provision of this Agreement. the tolltl
lmhility, in the uggrcgnte. of the C<it1sulwnt, and its ()llk\:rs, dir~ClMs, pur111cn1, ctnpJoyccs, 11gcms m1d ~u.b-<;'(>11sull~nts. nnd uny or them, to 1he Client nnd unyonc
d1mni11g l')'. through or under the Client, for uny nnd all claims, losses, costs or ditmRi;es ol'any OHllirc whatswvcr urising out oJ: resulting from or in nny wuy related 10
the prnjccl or the ugrccmcnt from nny cause or cuuscs, including but not limit~d to the negligence, prlifossional errors iir omb-sioos, $tricl liability, breach or con1rac1 or
warrnnty, express or implied, oflhe Co11s.ultunt; und its officers, directors, em11loyces, U(,\Cllts or ~ub-consultants, or 1111)' of them. shall not exceed lhu 1urnl comp1:nsati<>n
received by the Consultant, for services provided under this Agreement, or the tolnl 11111\lnnt of $50,0oo:oo, whichever is. less. Client agrees thnt Consuhont shull not be
rcspmisiblc for tho mcims, methods. pruccdur11s 11crlhmiuncc. site s11fety of the construction contrnctors or snbconlritclors, ur for tltcir errors·or omissitins. Clicn1 1tgrecs
tlu1t lite work created purs111111t to this Agrnemcm is lbr the sole 1111<1 exclusive use 1if Cliem and is 11ot lbr the hcnelit of any third f)nrtics. This Agreement nod the
services to be performed hereunder shall in·nn wuy be co11strucd usu g1ummtcc ofdclfoicnt·frcc con~truution.
BTC Labs -CMT & Geotech [Rev.(3) 11-2012] -2-
202
12. Discovery of Unanticipated Hazardous Materials, Client warrants that it ha• made reasonable efforts to inform Consultant of known or suspected hazardous
materials on or near the Project site. The parties acknowledge that hazardous materials may exist at a site where there is no reason to believe they are present.
Consultant and Client agree that the discovery of such unanticipated hazardous materials constitutes a changed condition which may require either a re-negotiation of
t11c scope of Consultant's Services or termination of such Services or this Agreement. Consultant agrees to notify Client as soon as practicable should hazardous
materials be encountered at the site. Client agrees that in the event of the discovery of hazardous materials at the site it will report such discovery to the proper
authorities es required by Federal, State, and local regulatim1s. Client agrees to make the required report at the recommendation of Consultant, or, if unable to do so,
authorizes Consultant to make such report. Client also agrees to inform the Projec.t site owner in the event that hazardous materials are encountered at the site.
Notwithstanding any other provision of this Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend,
indemnify, and save Consultant harmless from any claim, liability and/or defense costs for injury or loss arising from the presence of hazardous materials on the project
site, including any costs created by delay of the project and any costs associated with possible reduction of the property's value. Client is responsible for ultimate
disposal of any samples secured by Consultant which are found to be contaminated.
13. Subsurface Conditions. Consultant cmi'not know or guarantee the exact composition of a site's subsurfac.e, even a11er conducting a comprehensive exploratory
program. Client acknowledges that there is a risk that drilling and sampling may result in contamination of certain subsurface areas. Although Consultant will take
reasonable precautions to avoid such an occurrence, Client waives any claim against, and agrees to defend, indemnify and save Consultant harmless from any claim or
liability for injury or loss which may arise as a result of subsurface contamination caused by drilling, sampling. or monitoring well installation. Client also agrees to
adequately compensate Consultant for any time spent and expe1ises incurred in defense nf a11y such claim.
14. Insurance. Consultant shall not (I) post a bond, (2) insure, or (3) indemnify Client against losses caused from the acts or omissions of other Contractors or
Subcontractors that arc not under contract to perform work for Consultant. Client shall require other Contactors and Subcontractors to carry adequate insurance
coverage and any pcrfonnance \or Client to insure and indemnify Consultant against claims for damages and to insure compliance or work performance and materials
with Project requirements.
15. Resolution of Disputes. All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach thereof, including
but not limited to disputes Hrising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, (collectively "Disputes")
shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either parly lo this Agreement for mediation
of any dispute, Client and Consultant shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of
receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or
unwilling to serve and a replacement mediator cannot be agreed upon by Client and Consultant within ten (10) calendar days, a mediator sh.all be chosen as specified in
the Mediation Rules of the American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree. Any cause of action
brought against Consultant shall be brought within one year of the work or services performed under this Agreement. Should either party to this Agreement commence
any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court
costs, expert witness fees, discovery expenses, and attorney's fees.
16. Assigns. Client may no.I assign this Agreement or any right or obligation hereunder without the prior written consent of Consultant, which shall not be
unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger,
acquisition or consolidation by either party or an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement.
17. Non-Soll citation & Hiring of Employees. To promote an optimum working relationship, the Client agrees in good faith not to directly or indirectly employ or
otherwise engage any employee of Consultant or any person employed by Consultant within the prior twelve month period without the prior written consent of
Consultant. This restriction shall apply during the term of and for a period of one (I) year after the termination of this Ag'reemenL The Client further agrees that loss of
any such employee would involve considerable financial loss of an amount that could not be readily established by Consultant. Therefore, in the event that Client
should breach this provision and without limiting any other remedy that may be uvailable lo Consultant, the Client shall pay to Consultant a sum equal to the
employee's current annual salary plus twelve ( 12) additional months of the employee's current annual salary for training of a new employee as liquidated dam:ages.
18. Governing Law and Survival. The validity of this Agreement, these tenns, lheir interpretation and perfom1ance shall be governed by the laws of the State in
which the Project is located. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not he impaired. Limitations of liability, indemnification, and non-solicitation & hiring of employees shall survive the termination of this Agreement for
any reason. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce
the same. No waiver by a party of any condition or of any breach of any term contained in this Agreement shall be effective unless in writing and signed by the
waiving party, and no waiver in any one or more instances shell be deemed to be a continuing waiver of any such condition or breach in other instance or a waiver of
any other condition or breach of any other term.
19. Billing and Payment. Client shall pay Consultant the Jump sum amount indicated in the Proposal, or, if no lump sum amount is indicated, in accordance with the
schedule of fees or charges as shown in the Proposal or fee schedule. Backup data on billing will not be available unless prior arrangements have been made. Prior to
initiation of the Services, Client is required to remit any retainer specified in the Proposal. Thereafter, Consultant will submit to Client invoices for the balance due,
which shall be due and payable immediately upon submission. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within ten
(I 0) calendar days of the invoice date, identify the cause of disagreement, and immediately pay that portion of the invoice not in dispute. 1.n the absence of written
11otification described above, the balance as stated on the invoice shall be deemed accepted. Invoices are delinquent if payment has not been received within thirty (30)
days from date of invoice. In such event, Client shall pay an additional charge of one and onc-halr(l .5) percent per month (or the maximum percentage allowed by I.aw,
whichever is lower) on any delinquent amount. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. Consultant shall be
entitled to recover for all costs and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount. Fee schedules are
periodically revised. Unless otherwise agreed, new rates apply to ongoing work as such rates arc issued. Sh.ould Consultant be called upon lo testify for or on behalf of
the Client on matte.rs arising out of or related to the Work, Client shall compensate Consullant for its time at a rnte of two limes (2x) the Consultant's standard billing
rates.
20. Wa.lver of Jury Trial. Each party waives its right to a jury trial in any court action arising between the parties, whether under this Agreement or otherwise related
lo the work being performed under this Agreement.
21. Liability for Others. Consultant shall not be responsible for the acts or omissions of the Client, architect, architect's other consultants, contractor, su.bcontractor,
other third parties or their respective agents, employees, assigns, successors, or other persons perform.ing any of the work. Consultant shall promptly notify Client if
Consultant becomes aware of any inconsistencies in the services or information provided by other parties.
22. Delays. C.onsullant shall not be liable to Client for delays. Client shall indemnify, defend, and hold harmless Consultant from any actions or cluims arising from
delays.
23. Waiver. No waiver by a party of any condition or of any breach of any tenn contained in this Agreement shall be effective unless in writing and signed by the
waiving party, and no waiver in any one or more instances shall be deemed to be a continuing waiver of any such condition or breach in other instance or a waiver of
any other condition or breach of any other term.
24. Enforceability. This Agreement sliull be· interpreted by the parties in 11 manner that ensures this· Agreement's complioncc \Yith npplicablc 10<:111, smtc, ICdcrnl. or
foreign laws.. 'n.e parties ntiim1 111111 this Agreement is 11 c(>!lnbomtiw ctfort bchvcc1.1 Client und Consultunt. with 110 single par1y considered the droller of lhis
Agrcumc111 or huving the droliing ol'this document co11strnod agninst.thum.
25. Severablllly. Should 11 court lind one ltf the provisions of lhis Al,lrccmcm uncnforccnblc, the rcmaining 11rovisions of 1l1is Agreement shall remain in foll force
~nd nl1ect.
26. Entire Agreement. This Agr<>emc1H represents the (:ntlrc ~grccrncnt between the pnrtlcs. Ne> other prior written or ()rul rcprc.~ci\lutlons, ncgutiatiml\, or
discus.~ions MC·flttrl ol"this agrcc1i1cnt. To 1111; c>tlcnl allowed by la\~. uny ngrccmcnt that as 111111 oflhe Sl>'<lllC ()fCCinsullant services is irt~'Orporntcd by rcforcncc int~>
this 11grcc111cn1 sludl be subordirmt<:d IV th\: icnm; und C(>tlllilion~ Mthis 11grccmc11t where they c<>nflict.
BTC Labs-CMT & Geotech (Rev (3) 11-2012) -3-
203
BTCLABS -VERTICALFIVE NIV/5 Geotechnica/, Environmental. & Construction Material Engineering & Testinfl, Consultant~
GENERAL CONDITlONS
Testing Samples -An hourly preparation charge will be added to all
samples submitted to the laboratory that are not ready for testing. There
will be a 50% premium charge for "RUSH/PRIORITY" testing.
Scheduling -A minimum of 24-hour notice is required to schedule
personnel (48-hour notice is required for DSA projects). For same-day
scheduling, a 50% premium applies. Same-day cancellations will incur
a 2-hour charge for technicians or a 4-hour charge for inspectors.
Minimum Charges -So.ecia/ l118pections: A minimum. charge of 4
hours applies to inspection call-out between 0 and 4 hours. Eight (8)
hours will be charged for work performed over 4 hours up to 8 hours.
Technicians: A minimum charge of 2 hours applies to technician call-
out be.tween 0 and 2 hours. Additional time will be charged in 2-hour
increments.
Travel -Hourly travel is charged portal-to-portal for technicians. Travel
charges are normally waived for inspectors within 2.5 miles of our
laboratory. Mileage or Trip Charges will be charged at rates listed
below.
Per Diem -Per diem will be charged at 1.1 times the Federal (GSA) rate
for all out·of-town assignments unless other arrangements are made.
Overtime Rates -Rates are based on an 8-hour workday between the
hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. Work
outside of these hours or in excess of 8 hours in one day or over 40
hours in one week will be charged at 1.5 times the listed rates. Work
over 12 hours in one day or over 8 hours on the 7th consecutive day, or
work on holidays will b.e charged at 2.0 times quoted rateR.
!. PROFESSIONAL. TECHNICAL, & SUPPQRT STAFF
(Hourly rates unless otherwise Indicated Charges are porlal-to port a( frnmltn RTC / .ah.tj
A. Professional Staff ~
Principal Enginecr/<Jeologist/Consultant S 180
Senior Engincier/Geologist/Consultant (PE, CEG) $155
Project Engineer/Oeologisl/Con•uttl!llt!MHnager S t30
Slaff Engineer/Geologist/Consultant $ l 05
8. field Sampling lnsoection & Testing Prgyal/lng Waflll Standard
Special (Deputy) ln•pectur $94 $82
(Concrf!/e, PITConcnte, Masonry, Structural Steel, Fireproofing. Pile DrMng)
Mechanical/Electrical Inspector $98 $90
Rooling/Watel)lroofing Inspector $95 $83
Concrete/A8phalt Batch Plant Inspection $94 $78
AC! Concrete Technician $90 $14
Senior Technician• (Soi/Mspha/t/Speciaf Testing) $94 S7g
Nondestructive Exam/Testing (UT/Mag Port./Dyc Pen.) $98 $84
Trip Chtll'ge (w'ilhin 25 r•dius ofL1b; ir~l!I mi hourly+ mlhu1se) $30
• ~·urvlcn .md1 u.Y: ih1nlty by 1111cllldr grmp, .. Schmidt Homm'f'" nadl11gs, pachomtrcr n1rwp, 1orrp1• 1~.sts
tmd p1,11 IBSIS '"° ptr[ormad by Stlffor TtcJUllClalL\:
C USA I OSPHD lnsoectioo & Testing
Project Inspector I !OR, DSA Class I
Project Inspector./ !OR, DSA Clll9s 11/111
DSA Masonry I Shotcrcte Inspection
DSA Form 5 (Inspector Qualifications)
Special Inspection Verified Repon (SIVRNR)
Laboratory I Geotechnical Verified Report
D. Sample PickuD & Oeljvery Mileage
Prevailing Wage I Standard
$110
$95
$90
$45 ea.
$185 (min.) ea.
$JRS (min.) ca.
Sample Pickup i>llml tadiu1of1Ab)-plus applicable unit price
Field Equipment & Supply Delivery (I hr min)
SIJlnllw:.cj
$55/hr
$55/hr
$75 /hr Saturday Pickup (hourly, 4 hr minimum. plus mileage)
Mileage -Field Vehicle ($30/day minimum charge)
Mileage -Coring Tmck
See Unit Prices for pick11p charges of cylinders, prisms, panels, eto-.
2014 BTC Fe6 Schsdule vO
$0.65/mi
$0.75/mi
2014 FEE SCHEDULE
Holidays -The following holidays are observed: New Year's Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day and the following Friday, and Christmas Day.
Should a holiday fall on Saturday or Sunday, the closest previous or
following regular workday will be observed for the holiday.
Project Management & Report Distribution -All assignments are
under the supervision of a Registered Professional Engineer.
Engineering time ofO.I hour per inspection day or ~-hour/week (min)
will be included for scheduling, report review, and data evaluation. Up
to 2 hard copies of reports are provided at no additional charge.
Additional hard copies will be billed at $2 per report.
Outside Services f Subcontractors -Cost plus 15% will he charged for
outside services and for any materials procured.
Prevailing Wage -Client agrees to notify the Laboratory, in writing, of
any requirement for payment of California Prevailing Wages or other
predetermined contract wage condition. Client agrees to indemnify
BTC Labs -Vertical Five against all costs related Client's failure to
notify Lab of predetennined wage requirements.
Certlfled Payroll -A $45 per week, per project processing fee for
Certified Payroll will be assessed on Prevailing Wage Projects.
Escalation -Listed rates are subject to annual escalation consistent with
the Consumer Price Index (www.bls.gov). Prevailing Wage labor rates
will be adjusted in accordance with DIR mandated increases plus 30%.
(http://www.dir.ca.gov/dlsr/OPreWageDetermination.htm)
E. Support Staff & Special Services
Laboratory Technician
Prevqillng Wage S.ta111!anJ
Fi le Search, Rel'l.,UC of Report
Certified Payroll Admin. (0.5 hr min./wk)
Court Appeert1Rce and Depositions (4 hr min)
Draltin!ifCADD
Clerical
11. MATERIAl.S ANO EQUIPM•:NT
A ElnliPmm!
I. Air Meter (Concrete)
2. Calibrated Ram (Pull test)
3. Ceiling Wire Dead-Weight Equip.
4. Concrete Relative Humidity Meter
5. Concrete Slab Moisture Emission Kit
6. Fluor Flatness (plus labur-· 4hr min)
7. Generator
8. Ground Penelrating Radar (QPR) -(plus labor -4 he min)
9. Magnetic Particle Equipment & Consumables
I 0. Nuclear Gauge
11. Pachomcter (Rebar) Survey Equipment
12. Schmidt Hammer
13. Skidmore Wilhelm, per day
14. Torque Wrench (Large), per day
l5. Torque Wrench (Small), per day
l 6. Ultrasonic Equipment & Consumables
17. Vehicle-Field Truck
$RS
$45 (min.)
$80
$295
$70
$60
R.~(e
$45/day
$75/llay
$110/day
$265/day
.$55/ca
$550/day
$65/day
$385/dy
$50/day
$25/day
$&5/day
$55/day
$115/day
$50/day
$15/day
$60/day
$55/day
B !)l!\m__!l.!!ffirinu. (min chJ![~ltUill1Yllmi;LUJti:.1119J1,Wc.11!!1li.)
l. Machine, truck & I operator (accessible flalwork only) $l90/hr $150/hr
2. Machine, truck, operator 11nd helper $275/hr 215/hr.
3. Coring Bit Charge $3/in"h
4. Coring truck mileage (portal to portal) $0.75/mi
5. Traffic Control Per Quote
Page 1of3
204
NIV/5
Ill. LAB TESTS: AGGREGATE & SOIL
A Soils -Geotechll.kuil
I Allerb~fl! Limits (LL nnd fll .J --ASTM 04.'J HI, CTM 204
2. Consolidnrion (Incremental L<lnding)-ASTM 02435
3. Direct Shear, rqmoldod Namplc --ASTM D30l!O
4. Direct Shear, undisturbed {ring) sample -ASTM 03080
5. EKjlansion Index -ASTM 04829
6. Hydrometer analysis {without specific gruvity) -ASTM 0422
Permeability, Constllnt Head -remolded -ASTM 02434, CT 220
8. pH (soil) -ASTM 04972
9. Resistivity -ASTM 057
10. Resistivity (Minimum), includes pH -CTM 643
11. Soil Cement -Moist-Dens. or Semple Prep set of J -ASTM D558
12. Soil Cement-Wet-Dry Durability-ASTM D559
13. Soil Cement-Compressive Strength -ASTM 01633
14. Soil Clwification-ASTM 02488-Visual-Manual
15. Soluble Chloride {soils)
16. Soluble Sulfate (soils)
17. Unconfined compression on prepared specimens
8 Particle Size An11lvsis
I. SandcquivaICilt(MTM 2419, CTM217)
2. Sieve/1200 WllSh onl.y(ASTMl)U40.CTM 202)
3 Sicve(conmor ti11euuly, no wash-ASTMC1l6, CTM 202)
4 Sicv<> (conr.tc & line w/ w11sh -ASTM C:l36, CTM 202)
5. Sieve w/ Hyd1'Qtne1¢1 (ASTM l'>-122. CTM 20], no lpaliific grav.)
c: ~Jill!.trQJ~..!.~llllilmllb.iu
I M11X. l:ie11.sily·()p1.Mul~t11re(4 in. mold)-ASTM 01557,1)698
2 Max. Donsity·Opt. Molsrnre (6 in. rnold)-ASTM DISS7; 0698
J MW(. Density-Opt. Moist. w/ Rock Our.·· ASTM 1).1557, 04718
4. Maximum Dernoity Checkpoint (;i in. mold)
5. Moisture & Ory Denslly (ring smnplc.~J
6 Moiswrc dc1ermination (llggri:gatc samples)
7 C11l1r1111s l{clolivc Compaction (W.;1 Density) -CTM 2 r 6
D Aggregate Soil & Rock
I. Abrlt$lon JlesiJllllJlcil by LA R11tilcr-ASTM GIJI, CTM 211
2. Aflsqrption, :;and or gravel-ASTMCt 27, C 128
3. California bc4rlng r11tio (CUR) with ilxpnn&ion-ASTM D.1883
4. Calffotnlnbe11Ciilg mtio (CBR) nr 95% (3 point$) -AS'i'M OJ°i!ll3
5. Cenu:ul Troiltcd B~c (CTB), compaci. cure &. tCllt
It. Ct:1ncn1 Treated Sosc-con1prcs~ion (make, cure, re.11 .. , J sptir.:)
7. Cement Tn:aled Bw~c -lltabilily
8. Clay lurnps and friable particles, per primSiy size-ASTM Cl42
9. Cleanness Test -CTM 227
l 0. Crushed particles, per primary size
11. Ourability lndeK ($120 per si:z.c fraction) -CTM 229
12. Fine Aggregate Angutarity-AASHTO T304
13. Plat & Elongated Particles (per bin size) -ASTM D4 791
14. Lightweight pieces, per size fraction -ASTM Cl 23
15. Lime cimtent oflre111ud maturinl~ (by titration)
$ 150
$ 315
$ 285
$ 265
$ 160
$ 145
$ 445
$ 35
$ 60
$ !SS
$ 240
$ 1100
$ 60
$ 45
$ 80
$ 80
$ 120
$ 110
$ 75
$ 90
$ 105
$ 185
$ 175
$ 195
$ 29S
$ 75
$ 22
$ 35
$ 225
$ 185
$ 60
$ 410 s 650
$ 260
$ 565
$ 525
$ 115
$ 130
$ 165
$ 215
$ 175
$ 190
$ 400
a. l,ime c:ontcntcurvc dCtcm,inution, tbr C41ch uuttcriaf $ 395
b. l.imc ~'()11too1, Including unll'Cl1tod e1lntrol sample $ I 4S
I 6. Mortnr moking.propcrtio.• offlamf ASTM CR7 $ 360
17. RelativeMortarStrength-CTM515 $ 410
I 8. Organic Impilrities -ASTM C40, CTM 2 l 3 $ 80
19. Petrographic Analysi .. ofUravcf -ASTM C295 (single grnding) $ 450
20. Petrographic Analysis of WC Sand ... ASTMC29!f (pte-'grndcd) $ 850
21. Potential Reactivity Test ASTM C289 Chemical M~'lbod $ 495
22. Potential Re11etivity ASTM C227 Mortar Bar Method (3 month) $ 785
Each additional month $ 118
2'.l. PorcnOar RcaciivityTcst ASTM Cl260 Rapid Method $ 625
?.4. Potential Rclf.()tfvlty ASTM Cl293 Mortar Bar w/ 1'01.z (12 mQnth) $ 1600
Hxlcnd to 24-im:mths add rCmJ "'"","'·"f/1.Gmv.if I.Mr WdghQ $ 800
25. r•otcn(in1Rcuc1ivi1yTcs1ASTM CtS67 llapid-Cc1ncnt Combo $ 760
7.6. 'R' V•luc {HVflEM) (T1cntcd mmcrial by quoic) $ 3 !5
2 7 Ri1• Rnp, Sfo1ic Prolcction, Qunrry Slone Acci.111auce Per Quote
28. Specilic gmvity w/ nbsnrplion · ~'Onrsc (ASTM c.121; <.TM 206) $ 110
2</. Spt:eilic ~rnvilyw/ ~bsorp1io11 · line (AS'l'M Cl28, CTM 2()7) $ 130
30 Sulfnt• Soundness, 5 cycle tc~t 11cr pri111ruy sir.c -A$TM C88 $ 3 65
3 t Uncompttc1cd Void Co~1c111 of Fine A[lg(cg:itc -AASl.fro T'.104 $ 145
.12. Unit wei1dll •· MffM C.19 $ 72
BTCLABS -VERTICALFIVE
2014 FEE SCHEDULE
E DimeonQJlal Stone Tests
I. Compressive Strength -ASTM C 170 $ 95
2. W'IJ.cr Absorption & Density-ASTM C97 (3 required) $ 65
3. Modulus of Rupture -ASTM C99 $ 115
4. Flexural Strength-ASTM C880 $ 130
(CoDlp., MOR ct Fll!JC Str. requ/rt J sunrples "" in W•I ct dry condition.< H & .1 to rift.)
(All prl«u al'tl for prapured sampi•s. Culling and Dlachtning charges ore axira.)
IV. LAB TESTS: CEMENT, CONCRETE, & MASONRY
A Q;]mlll
L Grabsample{CCR Title24) includes I ycarstoregc $ 55
8 Concrete
I. Cement content of hardened concrete -ASTM 1 085
2. Concrete compression: 6xl2 cylinders-ASTM C39:
3. Concrete compression: 4"8 cylinders-ASTM C39:
4. Concrete cylinder pickup: 6xl2 (>2'ml 11diu1 or Lab odd hourly pickup r110)
5. Concrete cylinder pickup: 4K8 (>25ml. .. diu1 ort. .. b odd hourly pickup r11c)
6. Concrete cylinder mold (w/ lid -spare)
7. Concrete core compre.<sion test -ASTM C42
8. Concrete Trial Batch (includes 6 compression te.1ts)
9, Concrete Mix Design Review (excludes te.1ting & revisions)
I 0. Concrete mix proportion revision
11. Density of conorete cylinder (unit weight)
12. Prying shrinlcage-ASTM Cl57 (sci of3, 5 ages)
13. End preparation of cores, dlnmond sowing, per cul
14. Flexural beam pick-up (>2Sml Jtdiiu1 or Lab add hourly pick<Jp rare)
15. Flexural strength, 6"K6" beam-ASTM C78 & C293
16. Shotcrcte/Guni!e core compression lc.~t (not including coring)
17. Coring of Shotcretc/Gunite panel in laboratory, each core
18. Shotcicte/Gunite panel pick-up (>Z5mi nidius of Lab odd huu~y pickup"'•)
19. Lab. trial batch, not including specimen le.Its -ASTM Cl92
20. Lightweight. inS1.tlirtirig conerctc~umpress, 4 req. -ASTM C495
21. Lightweight imailnilng 1lonlllll14. ·-unit weight (oven dry)
22. Modulus ofelas:ifoity; ll"xJT' cylfndc:r-ASTM C469
23. Petrographic 11J1elysis of hardened concrete-ASTM CS.56
24. Pois9on's Ratio on 6"xl2" eylindcrs-ASTM C469
25. Splitting tensile -ASTM C496
26. Non-Shrink (Dry-Pack) Grout-2"x2"K2"; set of3
c Mil2Dn:
l. Absorplion -brick, S required -ASTM C67
2. Absorption ·masonry uni!, 3 required -ASTM Cl40
3. Compressive strength, brick, S required --ASTM C67
4. Compression -masonry core
5. Compression -ma.qonry prisms 8"x 8" -ASTM CIJ 14
{other sizes by quote -may require cutting charge)
6. Compression -masonry unit, 3 required -ASTM Cl 40
(requires absorption/unit weight tests for Net Area)
7. Dimcn1ions -masonry unit, 3 required
8. Masonry Prism Pickup (ea.)
9. Masonry Unit Acceptance Test-ASTM Cl40
(includes absorption, compression, dimensions, unit weight)
I 0. Compression lest, grout specimens
11. Compression test, muri11r specimens
12. Diemond sawing of masonry specimens. if required {minimum)
13. Bfllorescence, first unit@$125, eaCh additional@
14. Linear shrinkage, masonry unit, 3 required -ASTM C426
15. Modulus of rupture, brick, 5 required -ASTM C67
16. Moisture content -masonry unit {as receivcd),3 req'd-ASTM Cl40
17. Shear test on masonry core -CBC 2105A.4
18. Tensil.e test on masonry block
19. Unit weight, masonry uoll, 3 required -ASTM C 140
20. Visual F.xamination & Photo-document Core -CBC 2 l05A.4
$ 550
$ 25
$ 20
$ 9.50
$ 7.50
$ 6
$ 45
$765
$230
Sl50
$64
$495
$15
$38 ca
$78
$35
$50
$3R
Per Quote
$50
$95
$215
Per Quote
Per Quote
$75
$96
$ 75
$ 50
$45
$ 45
$ 145
$ 80
$ 40
$ 40
$ 585
$ 30
$ 30
$ 30
$ 54
$ 98
$42
$ 42
$ 105
$ 190
$ 45
$ 45
Page 2 of 3
205
NIV 5
V. LAB Tl!:STS: RI\ IN FORCING & STRUCTURAL STEEL
A General Testing
I. ProccHing milt ccrtificution (each size & heat)
2. Rockwell or Rrinell Hardness, average of three readings
J. Zinc coating, each item (lncludes Haz Mat Fee)
D Reinforcing Stevl
l. Deformation, reinforcing steel
2. Pre-4ltress, strand or wire, tensile & elongation
3. Proof test on post-tension assembly
4. Bend Test (rebar)
5. Tensile test (rcbar), up to & including #8
6. Tensile le.qt (rebar) #9, # 10, #11
7. Tensile test(rebar) #14, #18
8. Rebar Mechanical Coupler (Tension) Test (up to #11 bar)
C Struc!lllAI Steel
I. Cutting & machining charges
2. Bend test, structural. all sizes
$2.0 ea.
$35 ea.
$215
$60
Per Quote
Per Quote
$50
$55
$95
$215
$215
cost+ 15%
$7'
$75
$125
$65
J. Tensile test, structural,<¥." cross-section (cutting & machining extra)•
4. Tensile test, struclUral, >'I." cross-section (cutting & machining extra)•
5. Flattening test of pipe
•re11slle and yield by percent Q.Q'set, add S85
D High Strength Bolts
I DSA-Certilied High Strength Bolt Set ea. (Bolt, Nut. & Washer) $335
2. Bolts -proof load (non-DSA) $ 45
Bolts -ultimate load $ 65
Bolts -hardness $ 35
J. Nuts-proofload $ 45
Nuts -hardness $ 35
4. Washers -hardness $ 3 S
E Wcldjng Procedure and Welder Oualificatjon Tests
Coupon Ihle/mes• (mild steel only)
I. Fraeture bend (fillet)
2. Macroetch
3. Free bend
4. Nick break
5.
6.
7.
Side, face or root bend
Tensile
Welder Qualification Records
$55 ea.
$45 ca.
$28 ea.
$40ee.
l11clude.t·~•'<lluallon of la.vi specf111a11.f 011d /Jrepa.mt/011 of Stamped
Weldort/'rot:({dllraQua/l}/c(l/~011 J?11crmi;i:pcr applicable code.
$65
$35
$35
$50
$115
•Welder quallfrcation examlnallon.v are given in our laboratory or atfabrtcalor 's
shop wlllt 4-hour mlnlm11111.wftnessing charge.
••Fees listed are/or tests 011/y. Sample preparation. coupon machi11i11g, e/c., will
be charged at applicable hourly lab roles and cos/ plus 15%. for Outside Direcl
Co.rt.•.
Vl. MISCELLANEOUS CONSTRU(.'TION MATERIALS TESTS
I. Cnlibration Certificates
2. Density of Sprayed Fireproofing
3. fireproofing Bond Pull Test
4. Roof Tile Strength
5. RoofTile Absorption
6. Roof Cut Tests (total weight only)
7. Jo.bsitc Trailer or Mobile Laboratory
8. Universal Testing Machine (Hourly)
9. <.iround Rod Test (plus travel)
Per Quote
$85
$55
$65
$50
$75
Per Quote
$150
$175
BTCLABS -VERTICALFIVE
2014 FEE SCHEDULE
VII. ASPHALT & ASPHAL TIC CONCRETE
A. Emy!sjons And Slurry Seals
l. Consistency test-ASTM 0·39 l 0
2. pH determination
3. Oven cook off(% residue)
4. Solids content by evaporation and ignition °"traction (slurry)
5. Wet Track Alm1sion -ASTM D-3910 (prep. not included)
8. Aspha!ljc Concrete· Aggregate And Mixes
I. BulkSpccif!cGravity (HVEEM-3 pt. LTMD) CT308 IT166
2. Coring of asphaltic concrete -See Section E Diamond Coring
3. Extraction, % bitumen and sieve analysi~
Ignition Oven Method-CTM 382, 202
Solvent Extraction Method -ASTM 02172
4. El<traction, % bitumen only
Ignition Oven Method-CTM 382
Solvent Extraction Method -ASTM 2172
Film stripping -CTM 302
5. Ignition Oven Correction Factor -CTM 382
6. Marshall ·Stability and How (core)-ASTM D-1559
7. Marshall -S!llbility and How (bulk) -ASTM 0-1559
8. M.arshal! -Specific Gravity
9. Mix proportion -Marshall Method
withR.A.P.
I 0. Mix pro~ortion • HVEEM Method
with R.A.P.
11. Theoretical Maximum Specific Gravity (RICE) -ASTM D,2041
12. Moisrure content -ASTM D-1461
13. Reeovcry ofExtracted Asphalt (extraction only) -ASTM D-5404
14. Recovcryofrubherfl'om ARl!M extraction
15. Specific gravity of core -ASTM D-2726
16. HVEEM Stubilometer test on premixed sample -CTM 366
Stabllomctcr test end mixing of sample
17. Suri'ace abrasion CTM 360
18. Re!istancc tu Moisture Induced Damage (untreated)-T-283, CT 371
19. Resistance to Moisture Induced Damage (lime) -T-283, CT 371
$95
$75
$100
$225
$270
$220
$235
$395
SI 55
$305
$165
$650
$125
$325
$225
~'2.900
$3,700
$2,700
$3,500
$200
$115
$250
$115
$60
$185
$400
$445
$1,700
$1,RSO
NOTE: Where prices are listed for mix proportions, the necessary specific gravity
tests and sieve analyses are included; however, aggregate end aspholt
qua! ification tests are not.
VIII. ADDITIONAL TESTS: BTC LARS end NV5 perform a broad
spectrum of field and laboratory !es.ting. This Fee Schedule lists only the
most common tests performed. For information regarding additional
testing services, please contact our laboratory.
Page 3of3
206
ATTACHMENT 3
RESOLUTION NO. 2014---
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2014/2015 BUDGET BY APPROPRIATING $117,415 FROM THE
GENERAL FUND (1000) FOR PARKING LOT IMPROVEMENTS
AT VARIOUS CITY PARKS AND FACILITIES
WHEREAS, on June 18, 2014, the City of Moorpark adopted the Operating and
Capital Improvement budget for Fiscal Year 2014/15; and
WHEREAS, on October 9, 2014 staff advertised for bids for parking lot
improvements at various City parks and facilities; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an Agreement with Berry General Engineering Contractors, Inc. for parking
lot improvements at various City parks and facilities; and
WHEREAS, a staff report has been presented to the City Council requesting
approval of an Agreement with BCT Labs-Vertical Five for engineering and testing
services for parking lot improvements at various City parks and facilities; and
WHEREAS, a budget adjustment in the amount of $117,415 from the General
Fund (1000) is requested for this work; and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $117 ,415 from the General
Fund (1000) as more particularly described in Exhibit "A", attached hereto, is hereby
approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of December, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A -Budget Amendment
207
EXHIBIT A
BUDGET AMENDMENT FOR
PARKING LOT IMPROVEMENTS AT VARIOUS PARKS AND FACILITIES
FY 2014/15
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
General Fund 1000-5500 $ 117,415.00
Total $ 117,415.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000-7800-7022-9613 $ -$ 117,415.00 $ 117,415.00
2100-7800-7022-9613 $ 214,000.00 $ -$ 214,000.00
2100-7800-7022-9630 $ 100,000.00 $ -$ 100,000.00
2001-7800-7852-9601 $ 3,200.00 $ -$ 3,200.00
2001-7800-7852-9642 $ 923,500.00 $ -$ 923,500.00
Total $ 1,240,700.00 $ 117,415.00 $ 1,358, 115.00
FinanceApproval: ,f}f ~·~
208